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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below erred by misapprehending the legal principles or misapprehending the legal principles that the defendant was guilty of the facts charged of the crime of this case, although the defendant committed a misunderstanding of facts and misunderstanding of the legal principles that caused the victim's chest or shoulder, which constitutes self-defense under Article 21 of the Criminal Act as an act to defend the victim's assault.
B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.
2. Determination
A. 1) The lower court’s determination of facts and misapprehension of the legal doctrine as to the assertion of mistake and misapprehension of the legal doctrine as to the following circumstances revealed by the evidence duly adopted and investigated by the lower court, i.e., (i) the victim made a statement that “the victim caused a defect by asking G representative H contact address,” and (ii) the witness F made a statement that “the victim was sealed of the victim’s face in order to prevent the defect in the victim’s face,” it is difficult to view the Defendant to have been assaulted first from the victim. Thus, the Defendant’s assault is a justifiable act that requires the legitimacy of its purpose, motive, means or method, reasonableness, urgency, supplement, etc., and is not contrary to social rules or it is difficult to view the Defendant’s assault as self-defense under Article 21 of the Criminal Act. 2) The lower court’s determination at the first instance court or the act of defending the victim’s own interests or the present infringement of the legal interests of another person is not punishable if there are reasonable grounds.
(Article 21 of the Criminal Act). Therefore, in order to eliminate illegality of a defendant's act as self-defense, there was a present unfair infringement of his/her own or other person's legal interests, and the reasonableness of his/her defense should be recognized.
The following facts are acknowledged by the evidence as stated by the court below.